What Are the Most Common Forms of Intellectual Property?

Intellectual
property (IP) refers to innovations of the mind, such as inventions,
scholarly and creative works, patterns and marks, names and likenesses
used in trade and business. All IP is protected by the various laws in
existence locally, regionally nationally, and internationally. Laws
exist for patents, trademarks, copyright, service marks, trade secrets
and more.

What is a Patent?

A patent is an absolute right
granted for an invention, which is a product or a method that provides,
in general, a new way of doing something, or proposes a new specialized
solution to a problem. To obtain a patent, methodological information
about the invention must be revealed to the public in a patent
application. The process for obtaining a patent is complex. If you are
interested in obtaining a patent, you should first visit this website:
The US Patent and Trademark Office. Once you have begun to understand
this process and the associated laws you can apply for a patent.
However, keep in mind this is a complex process and using an attorney
specializing in patents would be the best avenue to use.

What is copyright?

Copyright
is a legal term used to illustrate the rights that creators have over
their literary and artistic works. Creations covered by copyright range
from books, music, paintings, sculpture, films, computer programs,
databases, advertisements, maps, technical drawings, and more. Copyright
is not a complex IP to apply for and most people can easily complete a
form and submit their work. Be sure to visit the Copyright Office online
to learn everything you need to apply for a copyright, including fees,
what to submit, etc: US Copyright Office.

What is a trademark?

A
trademark is a sign which distinguishes between goods or services of
one company from those of other companies. Trademarks are safeguarded by
intellectual property rights. Trademark protection can be obtained
through registration, by completing an application for registration via
the trademark office and paying the required fees. The website is the
same as for patents.

What is a Service Mark?

A service mark
is a mark that distinguishes between services. Businesses use service
marks to connect their services and differentiate them from other
services in the same field. Service marks consist of letters, words,
symbols, and other devices that help notify consumers about the origin
or source of a particular service. Registration can be completed at the
US Patent and Trademark Office.

What is a Trade Secret?

The
Uniform Trade Secrets Act (“UTSA”) classifies a trade secret as:
information, including a formula, pattern, compilation, program, device,
method, technique, or process that produces independent economic value.
These secrets are either tangible or impending, and generally are not
known or easily discovered by other persons who might receive monetary
value from its revelation or use; and is the focus of efforts that are
logical under the conditions to preserve its secrecy. There are two
basic situations in which acquiring the use of a trade secret is
illegal. If a trade secret is acquired through illegal means or if
through a breach of confidence then there is a legal standing for suit.
Trade secrets may be obtained by lawful means such as private discovery,
reverse engineering, and unintentional disclosure. The trade secret
holder’s failure to take reasonable protective measures can allow this
to occur. The misappropriation of trade secrets is considered a form of
unfair competition. Reverse engineering is oftentimes restricted as
found in computer programs.

What is Industrial Design?

An
industrial design right is an intellectual property right that shields
the visual design of objects that are not purely functional. An
industrial design consists of the creation of a model, pattern or
composition of a pattern or color, or permutation of a pattern and color
in three-dimensional form containing aesthetic value. An industrial
design can be a two- or three-dimensional prototype used to produce a
product, industrial commodity or handicraft.

What is Trade Dress?

Trade
dress is a legal term of art that generally refers to characteristics
of the illustration of a product or its packaging or the design of a
building that signifies the origination of the product to consumers.

What is Fair Use?

Fair
use is any copying of copyrighted material done for a partial and that
changes the purpose, such as to comment upon, disparage, or lampoon a
copyrighted work. Such uses can be done without permission from the
copyright owner. Fair use is a defense against a claim of copyright
infringement.

Commentary and Criticism

If you are commenting
upon or criticizing a copyrighted work a book review or any valid
review, fair use principles allow you to replicate some of the work to
accomplish your purposes.

These are the most common forms of intellectual property. If you decide that something you have created falls under one of the categories stated in this article, then you should look into registering the work or product. Be certain that what you are registering is not the same as what someone else has already registered.